What is a “product misuse” defense to a product liability claim?

A product misuse defense is an argument a defendant may use in a product liability claim in California. It can be used when the plaintiff uses a product in an unintended or dangerous way, and claims that it caused them injury. The defense may be used to prove that the plaintiff “misused” the product, and that their use of the product is what actually caused their injury, and not any fault of the manufacturer or seller. Misuse may be found if the plaintiff used the product for something it was not designed for, or if they altered the product in some way that caused the injury. For example, if a plaintiff used a power drill as a hammer, and it broke and resulted in an injury, the defendant could argue that the plaintiff’s misuse of the product was the cause of the injury, and not any fault of the manufacturer or seller. Product misuse can be difficult to prove, and defendants will need to show evidence that the plaintiff changed or misused the product in a way that caused their injury. Additionally, the defense may not be valid if the plaintiff’s misuse of the product was foreseeable, or if the defendant should have anticipated it.

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What is a “product misuse” defense to a product liability claim?

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